[ Parties’ names withheld pursuant to CCP § 1161.2(a)(1)]

26CV-02160 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)]

Court Trial: Unlawful Detainer

Appearance required.

26CV-03640 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)]

Demurrer to Complaint

Defendants’ general demurrer to the complaint on the ground the complaint fails to allege proper notice is OVERRULED. A demurrer challenges only defects appearing on the face of the pleading or from matters outside the pleading that are judicially noticeable. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; Code Civ. Proc., § 430.30.) The complaint alleges all the necessary facts to constitute a cause of action for unlawful detainer against Defendants based on a three-day notice to pay rent or quit. (Code Civ. Proc., §§ 1161(2), 1166.)

Defendants’ general demurrer to the complaint on the ground notice is defective under Civil Code section 1946.2, subdivision (c) is OVERRULED. The complaint asserts a cause of action for unlawful detainer under Code of Civil Procedure section 1161(2), not section 1161(3) as argued by Defendants.

Defendants’ general demurrer to the complaint on the ground that the pleading does not state facts sufficient to constitute a cause of action is OVERRULED for the reasons stated above.

Defendants’ special demurrer to the complaint for uncertainty is OVERRULED. The complaint alleges all the necessary facts to constitute a cause of action for unlawful detainer against defendants and is not so vague and ambiguous that the responding party “cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed at [them].” (